Court Reporters

(a) In General. Trial proceedings will be recorded and, upon request of a party or the court, will be transcribed by a court reporter provided by the court who will be under the jurisdiction and control of the assigned judge. (b) Official Record. (1) Transcript. When a transcript is filed, the transcript is the official record of the proceeding. (2) Recording. If no transcript is filed, the electronic sound recording is the official record of the proceeding. (c) Transcripts. RCFC 80.1 96 (1) Costs. A transcript will be prepared at such charges as may be fixed or approved by the court. (2) Form; Contents. A transcript must comply with the form, content, and style requirements established by the court (available on the court’s website at www.uscfc.uscourts.gov). (3) Filing. If a transcript is requested by a party or by the court, the court reporter must file the transcript of the proceeding within the time period specified by the court. (4) Motion to Correct. If a party seeks to correct a transcript, the party must file a motion identifying those portions of the transcript to be corrected. (5) Motion to Seal. Except in a proceeding sealed pursuant to RCFC 26(c), a party must move the court to seal all or portions of a proceeding. (6) Electronic Access. Except in a proceeding sealed pursuant to RCFC 26(c) or RCFC 80.1(c)(5), the court must provide electronic access to a transcript. Prior to being made electronically available, however, the transcript must conform to RCFC 5.2. (A) Availability. Once a transcript is filed with the court, the transcript will be available at the clerk’s office, for inspection only, for a period of 90 days (unless extended by the court). (B) Redaction of Personal Identifiers. (i) The parties must review the transcript to redact personal information covered by RCFC 5.2. The redactions are subject to the procedures specified in the court’s redaction transcript policy (available on the court’s website at www.uscfc.uscourts.gov). (ii) Pursuant to the court’s transcript redaction policy, a Notice of Intent to Request Redaction and a Transcript Redaction Request must be filed (see Appendix of Forms, Forms 3D and 3E). (C) Additional Redactions. In addition redaction of personal the to information, a party may move the redactions for additional court before is made transcript electronically available. a (d) Exhibits. (1) Labeling. Unless the court otherwise directs the parties to designate their exhibits, the court reporter must label each exhibit with: (A) the title and docket number of the case; (B) the exhibit number; (C) the party offering the exhibit, whether plaintiff, defendant, or any other party; and the exhibits admitted (D) the number of pages in each exhibit. (2) Submission. The court reporter must submit into evidence or designated to accompany the record of the conclusion of the proceeding as directed by the court. the proceeding at (e) Indexes. The court reporter must file an index listing each witness testifying and each exhibit offered and received into evidence in accordance with the requirements established by the court (available on the court’s website at www.uscfc.uscourts.gov). (f) Certifications. (1) Transcript. The court reporter must sign and append to the transcript a certificate certifying that the record is a correct the proceeding. See transcript of Appendix of Forms, Form 3C. (2) Recording. The court reporter must certify the recordings and notes reported at the proceeding. See Appendix of Forms, Form 3B. (As revised and reissued May 1, 2002; as amended Aug. 2, 2005, Nov. 3, 2008, Aug. 30, 2013, Aug. 1, 2016, Aug. 1, 2017.) Rules Committee Notes 2002 Revision RCFC 80.1 has no FRCP counterpart. The rule’s principal text formerly appeared in these rules as Appendix A. The incorporation of former Appendix A into the main body of the rules reflects a more logical placement of its subject matter in the organizational structure of the court’s rules. Additionally, as part of this rule’s relocation, Forms A and B of former Appendix A (pertaining reporter certifications) were assigned to the new Appendix of Forms. They appear there as Forms 3A and 3B. to Other changes introduced in this rule include the following: Subdivision (a) formerly appeared in these rules as paragraph (b)(1) of RCFC 39. The changes introduced in new subdivision (a) were deemed necessary to eliminate uncertainty as to the court’s authority to furnish a reporter for trials scheduled outside of the United States. in order Subdivision (b) formerly appeared as paragraph (b)(2) of RCFC 39. (i) Subdivision formerly appeared as paragraph (b)(3) of RCFC 39. Additionally, subdivision (i) reflects the change in the court’s name. 2005 Amendment the name of Subdivision (d) has been amended to specify that the reporter shall show on each page of a trial the witness being transcript questioned and the name of the examining counsel. This change is intended to aid both counsel and the court in working with transcripts during post-trial proceedings, especially where trials have been lengthy. 2008 Amendment The language of RCFC 80.1 has been amended to conform to the general restyling of the FRCP. 2013 Amendment RCFC 80.1 has been amended to allow a transcript or an electronic sound recording to serve as the official record of a trial proceeding. A new RCFC 80.1(b) (“Official Record”) has been added to clarify what constitutes the official record of a proceeding. Former RCFC 80.1(b) (“Transcripts”) has been renumbered as subdivision (c) and amended to provide (i) that costs for a transcript will be fixed or approved by the court; (ii) that a transcript must be prepared in accordance with the form, content, and style requirements specified by the court; and (iii) that the court reporter must file the transcript, when one is 97 RCFC 80.1 cont. requested, within the time period specified by the court. The language that formerly appeared in this subdivision addressing a transcript’s form and content requirements has been stricken as unnecessary and the requirement for filing indexes has been included in renumbered RCFC 80.1(e) (“Indexes”). Former RCFC 80.1(c) (“Exhibits”) has been renumbered as subdivision (d) and amended to include the requirement that the court reporter must submit exhibits at the conclusion of the trial proceeding as directed by the court. The requirement for filing transcripts and exhibits contained in former RCFC 80.1(d) has been included in renumbered RCFC 80.1(c) and (d), respectively. Finally, 80.1(e) (“Certifications”) has been renumbered as subdivision (f) and amended to clarify that certification is required for both the recording of the proceeding and any later prepared transcript. former RCFC 2016 Amendment RCFC 80.1(c) has been amended by adding a new paragraph (4) to include the requirement that the court must provide electronic access to transcripts of proceedings, other than those proceedings that are sealed pursuant to RCFC the 26(c). New paragraph (4) also adds requirement to being made that prior electronically available, transcripts must be reviewed to redact personal information covered by RCFC 5.2 and clarifies that any additional requests for redactions must be made by motion to the court. New paragraph (4) also references the court’s transcript redaction policy which sets forth the procedures for redacting personal identifiers and requires that a Notice of Intent to Request Redaction and a Transcript Redaction Request be filed (see Appendix of Forms, Forms 3D and 3E). 2017 Amendment to RCFC 80.1(c) has been amended distinguish between a request to correct a transcript, a request to seal all or portions of a transcript, and a request to redact personal identifiers or additional information from a transcript before is made electronically available. it RCFC 80.1 cont. 98 TITLE XI. GENERAL PROVISIONS 2008 Amendment